Joy v. Sachs

The controlling question in this controversy is, Who owned the property involved at the time it was mortgaged? If it belonged to the separate estate of Mrs. M. A. Joy, then she had a legal' right to mortgage it for the debt she had contracted, Collins v. Austin (Tex.Civ.App.) 32 S.W.(2d) 912; on the other hand, if it was at that time community property, it is conceded that she had no such right, there being no evidence of the existence of those conditions which confer upon the wife the right to control and dispose of community property.

The testimony is not conflicting upon the question…